ROHINTON FALI NARIMAN, NAVIN SINHA
Larsen & Toubro Limited Scomi Engineering BHD – Appellant
Versus
Mumbai Metropolitan Region Development Authority – Respondent
JUDGMENT :
R.F. Nariman, J.
1. The present petition, under Section 11 of the Arbitration & Conciliation Act, 1996, (in short ‘the Act’), that has been filed before this Court, arises out of a contract entered into on 09.01.2009 for the work of planning, design, development, construction, manufacture, supply, testing and commissioning of a Monorail system in two particular earmarked sections in Wadala, Mumbai including operation and maintenance for a period of three years from the date of start of commercial operations. This agreement contains an arbitration clause, which is set out hereunder:-
“Claims, Disputes and Arbitration
20.1 Contractor’s Claim
If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions for otherwise in connection with the Contract, the Contractor shall give notice to the Employer/Employer’s Representative, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and
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